Recently, the Intermediate People's Court of Yichang City, Hubei Province, tried two cases of copyright disputes between vocational training institutions, and ordered a training school and a vocational training company in Yichang to stop the infringement and compensate an education company in Shandong for a total of 500,000 yuan in economic losses.
Since 2015, an education company in Shandong has written "1000 questions must be done before the Circuit Principle exam" and "1200 questions must be done before the Power System Analysis exam" and other guidance books for the State Grid campus recruitment exam. In 2020, a Shandong education company found that two tutoring books for the State Grid campus recruitment exam sold by a training school in Yichang and a vocational training company in Yichang on their wechat public accounts were a lot of the same as the books they had written in layout design, question type selection, question arrangement, and numerical setting, so it sued Yichang Intermediate People's Court. Seek an order to stop the infringement and to compensate for economic damages.
A training school in Yichang and a vocational training company in Yichang argued that the above training and guidance book prepared by an education company in Shandong had not been published by a publishing house, and was not original, did not belong to the copyright sense of the work, should not be protected by law, and the two defendants' actions did not constitute copyright infringement.
After the trial of Yichang Intermediate People's Court, it was believed that the training books such as "1000 questions must be done before the Circuit Principle Exam" prepared by an education company in Shandong Province were not only to collect and compile the test questions, but also to pay creative labor in the selection, selection, design, examination and other links of test materials, and the designed or selected test questions all corresponding to the relevant circuit theory. Or based on the relevant circuit principles, the book has originality in the selection, design and arrangement of test questions, and belongs to the work in the sense of copyright. Copyright in a written work the creator automatically acquires the copyright in the work from the date of completion of its creation. After comparison, it was found that the contents of works published by a training school and a vocational training company in Yichang and an education company in Shandong were substantially similar, so it was found that the defendant a training school in Yichang and a vocational training company in Yichang infringed the copyright of the plaintiff an education company in Shandong. Accordingly, Yichang Intermediate People's Court made the above-mentioned judgment.
The two cases were decided by the Hubei Higher People's Court of second instance, both rejected the appeal and upheld the original judgment.
Judge's statement
The focus of public concern is whether the training books such as test question sets organized by the training institutions themselves are original, whether they are works in the meaning of the copyright law, and whether the training and guidance books published by the publishing house are protected by the copyright law.
Copyright Law of the People's Republic of China Article 2, Paragraph 1, provides that works of Chinese citizens, legal persons or organizations without legal personality, whether published or not, shall enjoy copyright in accordance with this Law. Article 3 For the purpose of this Law, the term "works" means intellectual achievements in the fields of literature, art and science that are original and capable of certain forms of expression. Article 6 of the Regulations for the Implementation of the Copyright Law stipulates that copyright arises from the date of completion of the creation of a work. Copyright acquisition is a kind of original acquisition, since the completion of the work, the creator automatically obtains the copyright of the work. Therefore, whether the work involved is published does not affect the creator's acquisition of the copyright of the work involved.
The judgment of the originality of the work involved should be classified according to the field and type of the work, and the originality of the work should be combined with the scope of copyright protection and the infringer, and the originality of the work should not be generally and isolated.
Each question is designed by professionals in the field based on specific knowledge points, including the writer's personal expression of the question Angle, text content and topic form. Although the test makers are subject to the limitations of the examination outline and knowledge points, most of the test questions independently written by different test makers based on different investigation angles for specific knowledge points will present different forms of expression, and can still show the knowledge choice and form arrangement of the test makers' personalities. Therefore, the works involved in the case have certain originality and belong to the works in the sense of copyright law.
In recent years, in order to reduce operating costs, some vocational training institutions have copied or misappropriated training guidance books, which not only seriously damaged the legitimate rights and interests of the right holder, but also brought adverse effects to the vocational training industry. As a training institution, while providing training services, it should establish copyright awareness and use others' works reasonably within the limits prescribed by law to avoid copyright infringement and unnecessary legal disputes.
Source: People's Court Daily
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